HomeMy WebLinkAbout062-26 - New Buildings Institute, Inc. - ContractContract No. 062-26
>> Site Representative Agreement Waiver
n : a NW Small Commercial HPWH Study
Study Description: The Northwest Energy Efficiency Alliance, Inc. ("NEEA") is supporting New Building Institute, Inc.
to study the performance of heat pump water heaters in small commercial buildings throughout Idaho, Montana, Oregon,
and Washington ("the Study"). To perform this Study, New Buildings Institute, Inc. ("NBI") and Ecotope, Inc.
("Ecotope") (collectively, "Contractors"), will install monitoring equipment in Site Representative's (as defined below)
property ("the Premises"). Quantifying performance of these heat pump water heaters in small commercial buildings
could help Idaho, Montana, Oregon, and Washington (collectively the "Region") achieve the Region's energy goals by
providing a more accurate assessment of the contributions of energy efficiency towards reducing energy use.
In exchange for participating in the Study, Site Representative (as defined directly below) is eligible to and may, at its
election, receive $500 via ACH from NBI upon completion of installation of the monitoring equipment and connection to
the Dash App webhosting platform, as approved by NBI. If Site Representative is unable to or does not wish to receive
this $500, please indicate so here by filling in or marking this box: ❑
Instructions: Site Representative to fill out areas highlighted in yellow. If you have any questions as you fill out this
waiver, please contact NBI.
Please return signed waiver as soon as possible via email at evan@ecotope.com or via mail using the address below:
New Buildings Institute, Inc.
151 SW 1st Ave, Third Floor
Portland, OR 97204
Rob Putaansuu (360) 876-4991
Name of Site Representative Phone number
216 Prospect St Port Orchard, WA 98366
Address of property to be monitored (the "Premises") Unit # City State
SITE REPRESENTATIVE'S ACKNOWLEDGEMENT RELEASE AND WAIVER
The undersigned, RobPutaansuu ("Site Representative") agrees to the following terms of
this acknowledgement, release and waiver ("the Agreement"):
1. I am the above -named and legal owner of the Premises
described above, and I am authorized to sign this
acknowledgement, release, and waiver on behalf of myself
and all other persons occupying the address listed above
(collectively, the "Occupants").
2. I acknowledge that I have reviewed and understood each and
every term of the release and waiver contained in this
Agreement, and I agree to be bound by its terms and
conditions.
I understand that the Study will be performed at the Premises 4
listed above at NO COST TO SITE REPRESENTATIVE.
3. In consideration for the performance and receipt of the Study
at the Premises, which has been paid for by NEEA, I hereby
expressly waive and release on behalf of myself and all
Occupants claiming by, through or under me, any and all
claims against, NEEA, its funders, officers, and employees
for any damage, iniury, loss, or liability caused by the
Study, even if these parties are actively or passively
negligent, arising from or relating to this Study. Nothing
in this Agreement shall constitute a waiver of any claims that
I may have against any other Site Representatives in the
Study, such as the engineer or electrician who performs the
Study or any other related measures.
I hereby authorize the NEEA and its Contractors to access to
the above -listed Premises as necessary to (i) install, maintain,
replace, and remove any required energy and end use
monitoring equipment, and (ii) collect and access end use
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data at the Premises; these activities are subject to NEEA
taking reasonable steps to minimize significant disruption to
my enjoyment of the Premises, unless required by law or
other causes beyond NEEA's reasonable control.
5. I understand that NEEA's Contractors must determine the
location of the electrical panel at the Premises and inform me
of the installation requirements for the temperature sensor
and the hub enclosure (the "Box"), which will be installed
next to the electrical service panel. The Box is approximately
15" wide, 20" tall, and 8" deep.
I understand that NEEA will be collecting data about my
Premises, including energy usage data, and may be sharing
that data with Study funders, Contractors, and the Northwest
Power and Conservation Council. I hereby permit NEEA to
monitor and collect data as necessary to perform the Study. I
understand that NEEA: (i) may disclose my identifying
information to Contractors solely as necessary to evaluate the
data, provided its Contractors are restricted from disclosing
this data on terms consistent with this Agreement; (ii) may
release to the public any data or information collected,
provided it is stripped of my personally identifying
characteristics or the specific location of the Premises; and
(iii) may disclose the data to Study funders and the
Northwest Power and Conservation Council to evaluate the
data and use it for internal purposes.
7. NEEA is providing advice, metering equipment, and services
to the Site Representative under this Agreement "as is."
Signature of Site Representative
NEEA does not guarantee any particular energy savings
results, performance, code compliance, or safety related to
the Study. EXCEPT AS PROVIDED IN THIS
AGREEMENT, NEEA HEREBY SPECIFICALLY
DISCLAIMS ANY AND ALL REPRESENTATIONS,
ENDORSEMENTS, GUARANTEES, ADVICE AND
WARRANTIES, EXPRESS OR IMPLIED, REGARDING
THIS AGREEMENT, THE STUDY, OR THE METERING
EQUIPMENT AND ITS INSTALLATION, INCLUDING
WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. NEEA MAKES NO
REPRESENTATION OR WARRANTY, AND ASSUMES
NO LIABILITY WITH RESPECT TO QUALITY,
SAFETY, PERFORMANCE, OR ANY OTHER ASPECT
OF ANY DESIGN, OR EQUIPMENT INSTALLED
PURSUANT TO THIS AGREEMENT, AND EXPRESSLY
DISCLAIMS ANY SUCH REPRESENTATION,
WARRANTY OR LIABILITY.
8. 1 further understand that in the event any of the installed
equipment is damaged or broken, it is my responsibility to
contact the appropriate Study team member.
9. I hereby agree that all claims arising out of this Agreement
and disputes not settled between the parties shall be settled
by binding arbitration in accordance with the then -effective
rules of the Arbitration Service of Portland, Inc. Such
arbitration will be held in Portland, Oregon.
Date
Internal Note: Upon receipt from Contractor, save complete and signed Site Representative Agreements in files for Contract No. 53216.
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